A step-by-step guide to implementing a basic performance management policy for SMEs
A CCMA dispute often starts with an employee's claim that performance standards were unclear. Learn how to build a defensible performance management policy."
We were unfairly dismissed by Riviera On Vaal Hotel and Country Club in December while under Covid-19 Lockdown.We were 51 and all members of ECCAWUSA which was then our workers union.Our case started at Vereeniging CCMA in and proceeded to Johannesburg Labour Court.Along the way our union lost their certificate and they didn't notify us.Then last year when they were approached by the shopstewards about the progress of our case that's whereby they gave them the case number number.The shopsteward did a follow up of the case at Labour Law and discovered that the union did not submit some important documents that were needed for the Labour Court to proceed with our case.When they were asked about this matter they decided to hand-over our case files to the shopsteward.From last year up until now the shopstewards have submitted all the relevant missing documentsat the Labour Court and applied for a court hearing date.So we are waiting for a respond from the Labour Court.As shopsteward we though we can represent our case at the Labour Court to be told that we don't qualify.We are looking for someone who is qualified to represent us.Some of our members were hired by the so-called New Owner under new contracts.But the majority of them were not hired.We didn't receive any compensation from our employer for terminating all our contracts.
Good day Can you kindly assist me in getting my job back. I worked for a company for 7 years. After changing the OD my mother passed way and I wasn't coping since the denied me a transfer. I ended up resigning on the 1st of July . My then fiancé was the one taking care of us, sadly he passed away due to a car accident on the 1st of August. I then tried to withdraw my resignation letter because I knew I won't be able to take care of the kids, but I was denied the withdrawal by the manager. Is it possible for you to assist? Thank you
My employer is in the process of being listed on JSE. Beginning of this year they did MSA on some employees and now they want to do another round of layoffs without doing the legal route of retrenchments so they’ve sent me a performance improvement contract.. essentially giving me 3 months with no justified job description or KPIs.
I have a case against my x employer that i worked for. The case is with the bargaing council since .i have attended 4 arbitration hearing the last one was the 24 feb . The 5th hearing which is for a demarcation hearing which the company applied for in june 21 . With the 4 th hearing the commissioner informed me that he will give his result once the demarcation hearing has finalised. I have been in contact.with the agent at bargaining council regard the demarcation hearing and i get told they still waiting for a date. I am situated in kimberley. I know i have a winning case. The case is for unfair labour practice.
I was brought feom JHB to here with contract. I was promised a removal and commission and permanent employment after 3 months. I was offeredaccomodation that would be taken off my pay. I have now been given notice due to non payment of the house. I have not received the commission and no permanent contract. I also have been given a hearing today for gross neglegence and insubordination today after I enquired yesterday about my payslips. I was told by my boss his phone isnt paid but my house is.
The primary reason cited for my dismissal was the alleged absence of a document authorising my access to the clocking system. However, I did successfully clock in using the managerial clocking station, which clearly demonstrates that the authorising document did in fact exist and had been processed accordingly, as access to the system would not have been granted otherwise. Despite this, the commissioner overseeing the matter made intentional misrepresentations and failed to give due consideration to this crucial piece of evidence. These misrepresentations directly influenced the outcome of the proceedings and formed the basis upon which the commissioner upheld my dismissal. It is my considered view that the commissioner’s conduct displayed a clear bias and a disregard for material facts, thereby compromising the fairness and integrity of the proceedings.
I am employed on fixed terms contracts since and my contract was renewed twice in and . The contract is ending in August and i reasobly expected the employer to renew it and has since advertised my post. But the employer didn't. In that regards, the employee dismissed me in terms of section (1)(b) of the Labour Relations Act. I will be referring unfair dismissal to bargaining council. Since the dispute at bargaining council will not be resolved before my contracts expire, i would like to approach the Labour Court for an order in terms of section (1)(a)(i)-(ii) to have the contract extended and employer interdicted pending finalisation of the dispute. Kindly quote accordingly. I have attached three case laws and notes on prospects of success
I was unfairly dismissed without getting a probationary period to prove myself at the job again and there are other staff who perform poorly on the job but nothing happens to them. l approached the CCMA and went to have a meeting with the company who offered me R to settle amd me being a family man i needed my job back. I do have the supporting documents with me and when I got fired it led to a stress related heart attack which landed me in hospital for 3 months so I could not attend the 2nd meeting. Now I am attending hospital every month for check ups and before all this I had no complications. So please help me I would really appreciate it as my family are having it financially difficult because of this.
Hi there I'm seeking for a labour lawyer to defend me in the case that my company has laid against me. I'm dismissed from my job because the HR and the boss said I committed a fraud in the company. The truth is I didn't commit any fraud from the company. Then I want to take the matter to CCMA as this is going to be the second time.
We employed a worker on a "day to day" basis for two days per week, since October last year. When we were not here, as we are out of the country often, she was requested to not work those days. So, essentially, she worked when we needed her, on the days that we reqested her to work We paid for a full day, at a rate higher than she requested, even though she often finished at about lunch time, never working the full day. The higher rate was paid to compensate for any statutory payments that may, or may not, be required on any payment to casual workers. She was often given items to take home, over and above her pay. Each month she would advise how many days she worked, and she would be paid accordingly. We had items disappearing and decided to not make police cases as we did not want to cause an issue. She borrowed money on occasions, where we assisted her. The last straw in the relationship was when she called our family the beginning of May this year, while I was in Zambia, to discuss not receiving payment when she requested a "cash send" payment, rather than the normal bank account transfer, that went wrong technically. Previous payments made to her bank account went through without any issues. This created unacceptable tension and she was asked to leave. We paid for the full day even though she worked 1 hour. The arbitration date has been set for a date when both my wife and I are not in Cape Town. Our tickets were booked the beginning of the year already. Please advise.